Thursday, March 12, 2009

Lawsuit Being Filed Against Suffolk County for Wrongful Death

A lawsuit will be announced today against Suffolk County, the district attorney's office and five police officers investigated but not charged in the death of a Bay Shore man beaten with flashlights, attorneys for the man's family said yesterday.

Kenny Lazo, 24, died on April 12 after a violent altercation with Suffolk police officers during a traffic stop on the shoulder of the Robert Moses Causeway.

Hempstead attorney Frederick K. Brewington said the lawsuit, which he plans to file in federal court in Central Islip and will announce today at his office, will allege wrongful death, battery and civil rights violations. Lazo's mother, Patricia Gonzalez, and his son's mother, Jennifer Gonzalez, will be the plaintiffs.

A grand jury convened by District Attorney Thomas Spota decided not to indict the officers in November. At the time, Spota's office said police used "necessary force" on Lazo.

A police investigation found Lazo fled on foot, was tackled by an officer and then tried to grab an officer's gun. He was beaten with flashlights and then taken to the 3rd precinct in Bay Shore where he passed out, police said. He was later pronounced dead at a hospital.

County Attorney Christine Malafi said yesterday: "The county again extends its sympathies to the Lazo family, but we stand behind the actions of our police officers, sergeants and detectives and district attorney's office in connection with this matter."

Spota's office, the police department and the officers - Sgt. James Scimone, Officers William Judge and Joseph Link and Dets. John Newton and Christopher Talt - referred questions to Malafi.

The United States Attorney's Office for the Eastern District continues to monitor the case, a spokesman said.

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